Written by Craig Harrison and Fasil Hussain The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations) came into force on 13 June 2014 and replace the previous law on distance selling and doorstep selling. The Regulations apply to all consumer contracts (with some exceptions). There are essentially 3 different scenarios to which [...]

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By Alastair Liddiard Acting as a Personal Representative in the administration of an estate, whether as Executor (where there is a Will) or Administrator (where there isn’t) carries a high level of responsibility for those who accept it. Not only are they charged with collecting in funds and carrying out the terms of the Will [...]

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Why Court Cases Don’t Settle Sooner No.3: Confirmation Bias

August 21, 2014

By John Wiblin This blog—the last in a series focussed on inhibitors to the settlement of disputes—explores confirmation bias: a leading reason why parties take losing cases to trial and a phenomenon that is widely recognised by psychologists. According to psychologist Daniel Kahneman, our brains have two types of mental processes.  Our   ‘System 1’ process [...]

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DUTY OF GOOD FAITH IN COMMERCIAL CONTRACTS

August 5, 2014

By Craig Harrison and Fasil Hussain The doctrine of ‘good faith’ is recognised in most civil law systems across Europe and in many US states. English law on the other hand, has not generally recognised an implied duty that contracting parties should perform their obligations in good faith. Traditionally, English courts have taken the view [...]

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Striking a balance: court makes decision in business lease renewal dispute

July 31, 2014

By Amy Ferraby-Green The average length of a commercial lease has fallen in the last 10 years. The British Property Federation (BPF) has found that the average length for a commercial lease was 7.8 years in 2003 but only 5.8 years long in 2013. And less than 6% of commercial leases granted in 2013 were [...]

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Forwards not just backwards: protecting your business with injunctions and search orders

July 29, 2014

By Richard Hull When a business has lost money as a result of something unlawful that someone else has done, business people think about suing to recover the amount they have lost so that the loss can be made good. But what about preventing ongoing loss and future loss?  It can be a mistake only [...]

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